Section 103-614; Ord. 17514; Acquisition of Easements RE: Maintenance of a Sewer System Serving the Westwinds Court Area


Ordinance No.           17514               Council Bill No.           B 385-02            

AN ORDINANCE

declaring the need to acquire easements necessary for maintenance of a sewer system serving the Westwinds Court area; authorizing acquisition by negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and execute all instruments necessary for acquisition of such land; and fixing the time when this ordinance shall become effective.

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  The City Council hereby declares the need to acquire land for an existing sanitary sewer that serves the Westwinds Court area:

    Margaret Alberi Flynn, Trustee
PERMANENT SEWER EASEMENT

A strip of land across a tract of land described in a quit-claim-deed in Book 987 at Page 122, said tract being Tract I of a survey recorded in Book 275 at Page 348, both of the Boone County Records; situate in the west half of the southeast quarter (1/4) of Section 14, Township 48 North, Range 13 West, in the City of Columbia, Boone County, Missouri; said strip being six (6) feet in width on both sides of the following described baseline:

Starting at the northeast corner of Lot 2 of Westwinds Court Circle Subdivision as recorded in Plat Book 8 at Page 43 of the Boone County Records; Thence along the east line of said lot (said line being the west line of said survey) S.1E44'00"W., 225.23 feet to the POINT OF BEGINNING; thence leaving said line S.40E16'50"E., 8.53 feet to an existing sanitary sewer manhole; thence S.40E02'40"E., 49.68 feet to an existing sanitary sewer manhole; thence S.39E40'45"E., 12.69 feet to the END on the north right-of-way line of State Route 740 (Stadium Boulevard) and containing 851 square feet.

    QUIT CLAIM DEED

All sanitary sewer pipe consisting of approximately 1710 linear feet of eight-inch diameter VCP pipe, and nine manholes, located within the dedicated easements and right-of-way of Westwinds Court and the above described tract of land that serve the Boulevard Heights and Westwinds Court Circle Subdivisions. All located in the southeast quarter of Section 14, Township 48 North, Range 13 West, Columbia, Boone County, Missouri.

    SECTION 2.  The City Manager is authorized to acquire the land described in Section 1 by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all deeds and other instruments necessary to acquire the land described in Section 1.

    SECTION 4.  If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a nonresident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 18th day of November, 2002.